TaxTMI 
TaxTMI 
2018 (6) TMI 973
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.... ('Corporate Debtor)' has preferred this appeal against order dated 8th December, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench whereby and whereunder application preferred by the respondent - 'Mahesh Madhavan' under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the 'I&B Code') has admitted, order of moratorium has been passed and the 'Resolution Professional' has been appointed with certain directions. 2. The main plea taken by the appellant is that the appeal under Section 9 of the I & B Code was not maintainable against the second respondent, who was not the lessee or tenant of the Mahesh Madhavan (Operational Creditor). 3. The question arises for consid....
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.... 'LESSEE' confirms that the said monthly rent is exclusive of taxes and levies charged by the Government such as Service Tax and that any such taxes or levies shall be borne by the 'LESSEE' only; (iii) The 'LESSEE' further confirms that he shall furnish the 'LESSOR' the yearly certificates for Tax Deducted at Source (TDS) for the rents paid with respect to the demised premises. C. SECURTIY DEPOSIT: (i) The 'LESSEE' has agreed to pay to the 'LESSOR' an Interest free Security Deposit of Rs. 62,59,400/- (Rupees Sixty Two Lakhs Fifty Nine Thousand and Four Hundred Only) being ten months rent, as follows:- a. Rs. 40,00,000/- (Rupees Forty Lakhs Only) at the time of execution of this agreement vide RTGS through....
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....ur others' with 2nd Respondent 'M/s. Black N Green Mobile Solutions Pvt. Ltd.' whereby the premises in question has been sub-leased in favour of the 2nd Respondent. The relevant part of the agreement is as follows: "The Agreement of Lease entered into at Chennai on this 27th day of March in the Year Two Thousand and Fifteen (2015) BETWEEN 1. Mrs. Kaneez Fathima Khader, wife of Dr. A.K.Sait, aged about 63 years, residing No. 21, Rutland Gate IV Street, Nungambakkam, Chennai - 600 006. 2. Mrs. Zebunissa Hashim, Wife of Late M. Hashim Sulaiman, aged about 75 years, residing at No. 13, Sulaiman Zackria Avenue, Casa Major Road, Egmore, Chennai - 600 006. 3. Mrs. Razia Humayune Dada, wife of Mr. Humayu....
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....LESSOR and the LESSEE if admitted in the context are individually referred to as "Party" and collectively as "Parties" Whereas the LESSOR has agreed to grant by way of Lease to the LESSEE and the LESSEE is desirous of taking on Lease the 7th floor admeasuring 8942 sq.ft.(super built up area), in the building known as "Gee Gee UNIVERSAL", No. 2 Mc.Nichols Road, Chetpet, Chennai - 600 031 together with 8 reserved open to sky car part around the building and furniture and fittings more particularly described in "Schedule - A" hereunder and hereinafter referred to as the "DEMISED PREMISES" for use as its own office. AND WHEREAS the Parties hereto are desirous of reducing the terms and conditions into writing by executing this ....
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....y, the 'Operational Creditor' moved the application under Section 9 for initiation of Corporate Insolvency Resolution Process against the 'sub-tenant'/'Corporate Debtor' wherein principal sum of Rs. 28,04,553 along with 18% interest per annum has been shown towards lease rent for the period from 5th October, 2014 to 5th May, 2015. 'Mr. Mahesh Madhavan' has shown to be 'Operational Creditor' and 'M/s. Black N Green Mobile Solutions Pvt. Ltd.' as Corporate Debtor. 7. From the admitted fact, we find that 'Mr. Mahesh Madhavan' (Operational Creditor) had not entered into any agreement with 'M/s. Black N. Green Mobile Solutions Pvt. Ltd.' (Corporate Debtor). The Agreement dated 3rd December, 2012 was reached between 'Mr. Mahesh Madhavan' (Oper....